ADMINISTRATION ORDERS AND THE ENFORCEABILITY OF AN ADJUDICATOR’S DECISION

In Straw Realisations (No 1) Ltd (formerly known as Haymills (Contractors) Ltd (in administration)) v Shaftsbury House (Developments) Ltd [2010] EWHC 2597 (TCC), [2010] All ER (D) 196 (Oct) Mr Justice Edwards-Stuart considered the impact of the making of an administration order on the enforceability of the decision of an adjudicator. In the case where the decision of the adjudicator has not become final and binding, the adjudicator’s decision will not be enforced by way of summary judgment where the party to whom payment is to be made is in administration. But where the decision of the adjudicator has become final and binding the decision may be enforced by way of summary judgment, although the court may, in an appropriate case, grant a stay of execution.